Gray v. State

Deen, Presiding Judge.

Charles C. Gray brings this appeal from his conviction of burglary following the denial of his motion for a new trial. (For the reversal of his previous conviction see Gray v. State, 158 Ga. App. 582 (281 SE2d 328) (1981)). The retrial resulted in his conviction only on the burglary charge; he was acquitted of attempted arson and appeals contending that the trial court erred in failing to charge the jury on theft by taking, absent a request for such a charge, since it was his sole defense on the trial of the case. Held:

Contrary to appellant’s assertion, theft by taking…